CHAPTER THREE
"He requests his children be raised by Mr. Draco Lucius Malfoy."
"What?" Both women chorused, shocked, refusing to believe their ears.
"Certainly there must've been some sort of misunderstanding." Hermione said, shaking her head and standing up impatiently. "Harry hated that bastard, he'd never do something like this... Whatever document you found has to be some sort of forgery." She decided, looking at the man again. Molly nodded vehemently from the couch.
"I can see you're upset, Mrs. Weasley, both of you, but I'm afraid there has been no mistake. The document clearly states that-"
"And how can you even know Harry was the one who wrote it?"
"I'm afraid there's no doubt about that either. Thorough tests have been made, and there's no question about its legitimacy. Mr. Potter's magical signature is all over the document, and both his witnesses confirm the will was signed by Mr. Potter willingly."
"And who the hell are those witnesses?"
"They are both Ministry workers who, by Mr. Potter's request, shall remain anonymous to the public. They are, however, completely trustworthy."
"And how come they didn't come forward before? Why would they let you spend days looking for a document we weren't even sure existed when there were people out there who knew for a fact it did?"
"That's also part of Mr. Potter's wishes." He explained quietly, sipping his already cold tea as he watched the brunette pace for a moment longer before sitting back down. "I can see this is unexpected, but it by no means is final. Though Mr. Potter has requested Mr. Malfoy to be the legal guardian of his children, it is ultimately up to a judge to decide who'll be in charge of the minors. The process is being rushed, with Mr. Potter being who he is, and a hearing should be scheduled for the next few days. All his immediate family will be notified, and at that point you shall enter with a petition for the guardianship of the children. If you know any good lawyers, I strongly encourage you to contact them immediately."
The disagreements between Harry and Draco were well known, and even more so was the role the Malfoy family played for most of the war. Although it was his job to inform the family of Harry's wishes, by no means he agreed with them. The last thing he wished was to see the three small children placed under a Malfoy's care.
"And there's no other way around it?" Molly asked quietly. Wasn't it enough of a nightmare that her daughter was dead and her son-in-law might never wake up?
"I am afraid not. In consideration for your suffering, the Minister himself interfered to have the children remain at their own house until the trial is over, but he cannot interfere with the judge's ruling, whichever it might be." He watched the two women in silence for a few minutes. "And..." He added as an afterthought. "Please don't even consider disappearing with the children. I know it might be tempting, but if you do, it'll be almost a given that any judge will award Mr. Malfoy custody."
Hermione bit her lower lip, nodding. The thought had indeed crossed her mind, as she was certain happened to Molly, but she had to agree with the man.
Mr. Jones stood up. "I believe, for now, my job here is done." He said quietly, grabbing the case he'd left at his feet. "I'll show myself out." He offered, turning towards the door.
"Does... Does Malfoy know about this yet?" The younger woman asked.
"I'm on my way there right now."
Two days later, all the Weasleys who could make it were at the Ministry, formally dressed and anxiously waiting for the proceedings to start. All three children were also there, the two boys complaining about their clothes and distracting themselves with the toys they'd been allowed to bring along, and Lily fast asleep in Molly's arms. They were directed to a room at the very end of a poorly-lit hall on level two, and waiting by the door were none other than Draco and his attorney.
Immediately, most of the redheads made faces of disgust, but much to their surprise, the two boys, upon laying eyes on the platinum blond man, dropped their toys and ran his way.
"Uncle Draco!" They called happily as the man lowered on one knee to catch the children in his arms.
"Hey, buddy." He smiled, ruffling James' hair. "Look at you, so grown up..." He joked, making the boy smile and a faint shade of pink hit his cheeks. "And you, Al! You'll soon be as tall a me!"
The three-year-old giggled. "No I won't, uncle Draco!" He threw his little arms around the man's neck, and Draco picked him up as he stood.
"Get away from them." Molly hissed as they got into hearing distance of each other.
Draco raised an eyebrow but, before he could say anything, his lawyer touched his arm and shook his head. Understanding the signaled message, the blond put the boy down and gently pushed the two back to the herd of redheads.
"You know him?" Hermione asked gently, but hesitantly, as James stopped beside her.
The boy smiled. "Yeah, we see him all the time! Oh!" He remembered, turning back to Draco. "Where's Scorpius, uncle Draco?"
"He's at home with his mom." He replied gently before frowning again as he looked up to the adults in front of him. "What, you don't have enough money for Floo Powder anymore so you all have to be here to hear the news first hand?" He mocked, old habits kicking in before he could stop himself, and his lips curling up in a smirk.
"Mr. Malfoy..." His attorney whispered as Arthur and George tried to hold Ron back.
At that moment, a short wizard dressed in formal, black robes opened the door. "If you would please enter the hearing room." He asked, holding the door open for them.
They all entered the small room in silence, and if Draco and his attorney weren't required to stay in the middle of the arena-like room, there would be no way for the Weasleys to be away from him in the suddenly overcrowded room.
A moment later, the judge entered the room and silence fell over them. Even the children seemed to understand something very serious was happening, and stayed as still as they could stand, and didn't let out a single sound while they discreetly played with their toys on their laps. After a short opening speech, and before he gave anybody else the chance to say anything, the judge requested the two boys, one at a time, to go with him and the two attorneys to his chambers for a quick interview so they could be sent home.
"Very well, all three children shall be taken home now, and we shall proceed with the custodial hearing." Judge Thomas said as he took his seat. "I have here the will for one Mr. Harry James Potter, to be applied should both he and his late wife not be able to continue to care for their offspring. It states here all three should be placed in the home of Mr. Draco Lucius Malfoy, to be raised by him and his eventual spouse. I understand this document has become the source of dispute between the appointed guardian and the children's godparents, is that correct?"
"Yes, your honor." Both attorneys replied in unison.
"I understand Mr. Malfoy is capable and willing to assume such responsibility?"
"Yes, your honor." Draco answered politely.
"And Mr. and Mrs. Weasley believe it's not in the best interest of the children to be placed with Mr. Malfoy?"
"Yes, your honor." Ron and Hermione replied.
"Very well. Each attorney will have their chance to present their case and bring on any witnesses they see fit. Once both sides have been argued, I shall deliberate over the case. Mr. Richards, you shall start." He nodded to Draco's lawyer, who nodded back and stood up.
"Thank you, your honor." For the next twenty minutes, he explained how beneficial the environment at the Malfoy Manor would be for the children's growth, facilitated by Draco's extensive resources, which in turn meant none of the inheritance left for the children would have to be touched until they all turned 21. Apparently satisfied with himself, he called Draco to the witness stand. "Mr. Malfoy, you're here today because you want to be granted, as Mr. Potter wished, the custody of his children, is that correct?"
"Yes."
"What was the nature of your relationship with Mr. and Mrs. Potter?"
"Harry was my friend. His wife was... his wife. She and I never really got along."
"It is a great responsibility and proof of trust to delegate to you the task of raising his children."
"Yes, it is."
"Do you believe you'd be a fit parent for them?"
"Yes, I do."
"You already have one son. How do you believe the addition of another three would affect the dynamics at your home?"
"I understand there is a great difference between raising one and raising four, but I have no doubt my wife and I would be able to appropriately care for all of them. We have more than enough room in our home, and money in our account, to make sure they're never in need of anything material, and Astoria and I are willing to devote as much time and attention to them as they may need."
"Was it a surprise to you to be appointed as the children's guardian?"
"Partially. Harry had already confided in me the possibility, but like everybody else here today, I never believe circumstances would require such extreme measures."
"But it's fair to say it was surprising, shocking even, to the Weasley family, correct?" Draco nodded. "Why do you think that was?"
"It's no secret Harry and I have been... unfriendly during our time together at Hogwarts, and we weren't overly public with our relationship after the war either, so it wouldn't surprise me to know only a select few of his friends were aware of our friendship."
"I believe it could be said it was more than... rivalry?"
"Well, we pretty much hated each other. And after the rise of the Dark Lord, I admit things became a lot tenser between us. But that's all in the past now. The war made us grow, and so has time, and once we looked past our disagreements, we discovered we had quite a lot in common."
"And it's because of your friendship that Mr. Potter would name you as the guardian?"
"I believe so, yes."
"He had other friends. What makes you so special?"
"I can't be certain. But I believe he thought my wife and I were the most... adequate people, all aspects considered, to take responsibility for his children."
"Thank you. That's all for that witness, your honor."
The judge nodded to the other lawyer.
"Mr. Malfoy, isn't it true that you were a Death Eater for He-who-must-not-be-named?"
"For a short period of time, yes."
"And how long was that?"
"Just under two years."
"You stopped being one of his followers when he died, isn't that correct?"
"Objection, your honor!" Draco's attorney stood up. "Relevance."
"It is well-known the Malfoys had straight ties to You-know-who." The judge nodded. "Get to your point."
"Yes, your honor." He agreed, slightly annoyed by the interruption. "Mr. Malfoy, as a former follower of You-know-who, how can you see yourself as a potential positive influence in the life of any child?"
"The circumstances surrounding my days as a Death Eater have already been extensively discussed in the courts right here at the Ministry, and clearly I haven't been prosecuted for any crimes. Moreover, as I've already stated, I have changed considerably since then. I was only sixteen when I was forced to join his ranks; I am a completely different man now, with a lot to offer to those children."
"Even if you have changed as you claim, don't you believe a family like the Weasley's would provide a healthier environment for the children? They have, after all, been on the side of the Light from the start and all throughout the wars."
"Clearly Harry didn't believe so."
"And what do you think, Mr. Malfoy?"
"I believe we can provide a different, though equally if not more beneficial, environment for the kids to thrive in. More than that, having been honored with such task, I will devote myself to making sure I raise them exemplarily to be the best people they can be in all aspects of their lives."
"It's a noble sentiment, Mr. Malfoy, but how can we be sure you won't... return to bad habits and take innocent children with you?"
"I won't, but it seems you'll just have to take my word for it."
"One last thing, Mr. Malfoy. Are you aware that the attack that rendered those children orphans was the work of Death Eaters?"
"I have read it in the newspapers, yes."
"And you have admitted your connection to the group here today. Perhaps you were behind it?"
"Objection! Speculation!"
" I'll rephrase it your honor. You have known ties to the Death Eaters who killed Ginevra Potter and put Harry Potter in a coma. Law enforcement has uncovered that the children were also expected to be at the location of the attack, and the group had been ordered to eliminate them as well. Wouldn't they be more vulnerable at your home than with the Weasleys?"
"Whatever they did, it had nothing to do with me. Harry was my friend, and I would never do anything like that. It was tragic, but you don't have any evidence that even points my way and, let me tell you, you won't find any, because I wasn't involved in the attack. I just want what's best for those poor children, and the best for them is to be with me."
The two men exchanged an angry look before the attorney turned his back at him.
"That is all, your honor."
"You may step down, Mr. Malfoy."
After Draco, a few more witnesses were brought on before the hearing was suspended for the day, to be continued the following morning. The trial lasted three days, and by the end of it, they were all exhausted, even more so by the constant nervous state they all found themselves in. Draco's attorney's last words still rung in the room when the judge retired to his chambers to deliberate.
Mr. Potter has done so much for all of us, and it was his belief Mr. Malfoy is the most appropriate to care for his children in his absence. Will you really overrule Mr. Potter's final wishes, your honor?
Excruciating twenty minutes later, they all stood as the judge returned to the room, looking grave but evidently having come to a decision. The sound of them all taking their seats echoed through the silent room, and a few apprehensive moments later, Judge Thomas spoke.
"In spite of the tragic events that bring us together today, it makes me very glad to know there are so many people who care so deeply about these children. Given Mr. Potter's celebrity status and the large sums to be inherited by his children, it wouldn't surprise me to see many people interested in them for those reasons; however, it doesn't seem to be the case with any of the present.
"I've heard several witnesses point out the good and bad attributes of Mr. Malfoy and Mr. and Mrs. Weasley. I have also talked to the children, and though they can't be considered legally responsible to testify, the talk we had was very enlightening. It is true Mr. Malfoy and Mr. Potter's friendship wasn't very public; in fact, it seems clear to me that many of Mr. Potter's friends and family weren't even aware of the relationship. But both children told me they spent considerable amounts of time in Mr. Malfoy's company; in fact, they said they were guests at the Malfoy Manor several times a week, and that both men spent a lot of time engaged with the children.
"I have taken into consideration the fact that Mr. and Mrs. Weasley have been made godparents to the children, and are reportedly Mr. Potter's best friends since they entered Hogwarts. They are also good friends, as well as family, to the late Mrs. Potter, and all witnesses brought in by their attorney reported they expected, should anything happen to Mr. and Mrs. Potter, that Mr. and Mrs. Weasley take on the responsibility of raising their children.
"However, it was Mr. Potter's express wishes that Mr. Malfoy become their legal guardian, and in the absence of any document expressing Mrs. Potter's wishes, the only parameters I have to go by is the will presented. I believe both families have a lot to offer the children, but at the present moment, I grant Mr. Malfoy full custody of all three children, according to Mr. Potter's wishes, with immediate effect. The decision may be revisited in six months, after which it shall be final. Session adjourned."